Dozens of lawmakers, law enforcement officials join governor, crime victims, advocates to back ‘Marsy’s Law for NH’

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Updated: 7:35 PM EST Jan 16, 2018

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WEBVTT EVERYONE IS ON BOARD.THE EXECUTIVE COUNCIL CHAMBERWAS STANDING ROOM ONLY ASGOVERNOR SUNUNU LED HIS SUPPORTFOR MARSY'S LAW, ACONSTITUTIONAL AMENDMENTESTABLISHING EQUAL RIGHTS FORCRIME VICTIMS. >> RIGHT NOW, NEW HAMPSHIRE ISONE OF ONLY 15 STATES WHO DOESNOT GUARANTEE RIGHTS TO VICTIMSOF CRIME UNDER OUR STATE'SCONSTITUTIONWE HAVE RULES IN PLACE FOR THEACCUSED AND THE CONVICTED BUTNOT THE VICTIMS OF CRIME. MIKE: MARSY'S LAW WASESTABLISHED NATIONALLY IN 2008.BY DESIGN, IT PROVIDES VICTIMSAND THEIR FAMILIES NOTIFICATIONSOF ALL LEGAL PROCESSES BEINGTAKEN BY SOMEONE WHO IS ACCUSEDOR CONVICTED OF HARMING THEM.SOMETHING THAT WAS NOT AFFORDEDTO NEW HAMPSHIRE NATIVE DAWN.SHE CLAIMS SHE LEARNED THROUGHYOUTUBE THAT THE MAN WHOMOLESTED HER AS A CHILD WASAPPEALING HIS CONVICTION.>> THE LITTLE GIRL WHO WASAFRAID TO GET UP IN THE MIDDLEOF THE NIGHT BECAUSE SHE MIGHTBE BEATEN.I WAS NEVER GIVEN THATOPPORTUNITY TO SPEAK TO THECOURT ABOUT HOW DANGEROUS THISMAN REALLY WAS.THE MONSTER WHO TOOK MY CHILD-- TOOK AWAY MY CHILDHOOD HADCONSTITUTIONAL RIGHTS AND AVOICE, I HAD NONE. MIKE: THE PROTECTION WOULDEXTEND TO FAMILY MEMBERS, LIKEBOB MARIOTT.HE SAYS MARSY'S LAW WOULD HAVESAVED HIM AN EXHAUSTING LEGALBATTLE LIKE THE ONE HEEXPERIENCED WITH HIS DAUGHTER'SKILLER DURING HIS APPEAL.>> BEING HEARD MAKES ADIFFERENCE IN THE COURTS.IT SEEMS SIMPLE BUT IT'S SOIMPORTANT. MIKE: THE ACLU SAYS IT SUPPORTSTHE IDEA OF IMPROVING EQUALITYFOR VICTIMS BUT NOT AT THE PERILOF SUPERCEDING THE RIGHTS OF THEACCUSED.>> WE'RE CONCERNED THAT THECONSTITUTIONAL AMENDMENT BEINGPROPOSED BY THE STATE OF NEWHAMPSHIRE, AS WORDED, WILLVIOLATE THE 5TH AND 14THAMENDMENT OF THE ACCUSED. MIKE: THE ATTORNEY GENERAL'SOFFICE SAYS IT HAS READ THEAMENDMENT AND HAS NO CONCERNSTHAT IT VIOLATES THE RIGHTS OFTHE ACCUSED.THE AMENDMENT STILL REQUIRES ATHREE-FIFTHS MAJORITY VOTE BY

Flanked by lawmakers from both political parties, the attorney general, crime victims and law enforcement officials, Gov. Chris Sununu on Tuesday promised a “relentless” campaign to convince voters to pass a constitutional amendment that makes victims’ rights a constitutional right in New Hampshire.

“Marsy’s Law” must first pass the House and Senate with three-fifths supermajorities to land on the general election ballot in November, but at a State House news conference, lawmakers expressed confidence that the hurdle will be cleared. If the constitutional amendment passes both chambers, approval of two-thirds of the voters will be required for the change to occur.

“This is not going to be an easy hurdle,” Sununu said. “Two-thirds of anything, even in a state like New Hampshire, can be a tough call.

“I would say the campaign would be relentless,” Sununu said. “We will leave no stone unturned on this one.”

As WMUR reported last week, New Hampshire is among only 15 states that have not elevated victims’ rights to constitutional rights. The Granite State has had a victims' bill of rights in statute since the 1990s, but proponents say that without affording victims their rights under the state constitution, those accused and convicted of crimes have an advantage in the criminal justice system.

A New Hampshire version of Marsy’s Law for All, named after a California student who was murdered in 1983 and whose family was not informed that the accused killer had been released, was made public shortly after the news conference and can be viewed here.

Sununu and Attorney General Gordon MacDonald said the proposed amendment would require that victims be notified and have the right to be present at all proceedings involving the accused or convicted person and the right to be heard at any proceeding involving a release from prison, a plea, sentencing, disposition or parole. Victims would also have a constitutional right to notice if the accused perpetrator escapes from prison.

MacDonald explained that by elevating victims’ rights to constitutional status, prosecutors and courts would be required to inform crime victims and, in cases of homicides, their families of each step in the criminal justice process.

Sununu said that while victims’ rights are outlined in state law, “they simply aren’t given the same emphasis or consideration as the rights of the accused and the convicted.”

“It’s not just about enforcing the law,” the governor said. “When you put something in the constitution, it becomes truly codified, undeniable, unmistakable. Not just the words within the law, but the spirit of the law are all there and can be supported in the courts.”

“Once in a while we have an opportunity when an issue comes along where we get this sort of bipartisan support,” he added, referring to the dozens of supporters at the news conference. He said it is a matter of “throwing the politics aside” and “simply getting the job done for the people of New Hampshire.”

A sexual abuse victim who identified herself only as Dawn said that beginning as a 4-year-old child, she experienced physical, sexual and emotional abuse that lasted more than a decade.

Years later, while living out of state, she said, a state investigator informed her that her abuser was trying to be removed from the sex offenders’ list. She said she was not given an opportunity to speak in court during the proceeding.

“It’s hard to describe the emotions I felt having to watch the process after the fact on YouTube, where I found a copy of the hearing,” she said. “The hurt from being left out and ignored and seeing my abuser rewrite history, painting himself as an innocent, frail old man with a cane, it was horrifying.”

She said she want to ensure that “no other little girl in New Hampshire has to face a system that is so heavily stacked against her.”

Bob Marriott, the father of 2012 murder victim Elizabeth “Lizzi” Marriott, said that attorneys for his daughter’s convicted murderer argued successfully on appeal before the state Supreme Court that details about her private life should be unsealed on appeal. He noted that the court ruled that the murderer’s constitutional rights outweighed his and his wife’s statutory rights as victims.

Marriott said the decision, which the court later reversed on reconsideration, “shows how much New Hampshire needs the constitutional approach.”

John DiStaso/WMUR

Bob Marriott, whose daughter, Elizabeth, was murdered in 2012, speaks at a State House news conference in support of constitutional amendment ensuring victims’ rights.

“Marsy’s Law will provide a constitutional basis to prevent other victims from having to go through the process that we did,” he said.

The plan’s chief sponsor, state Sen. Sharon Carson, R-Hudson, said the constitutional amendment will be introduced first in the Senate Judiciary Committee, which she chairs, and will then head to the Senate floor. The amendment has been co-sponsored by 22 of the 24 state senators – all except Republicans Andy Sanborn and Gary Daniels – and House leaders on both sides of the aisle.

Senate Democratic Leader Jeff Woodburn and Democratic Sen. Donna Soucy also voiced their support, noting that all 10 Senate Democrats are on board.

And in an interview, House Speaker Gene Chandler said he is confident that the amendment will pass the House.

ACLU-NH voices concerns

In some other states, Marsy’s Law proposals have faced opposition from the American Civil Liberties Union.

The ACLU of New Hampshire opposed the plan as written Tuesday but expressed hope that the language can be “improved.”

“As currently written, the language in the CACR (constitutional amendment concurrent resolution) would risk violating the due process rights in the Fifth and 14th Amendments,” the ACLU of New Hampshire said.

The Fifth Amendment essentially guarantees persons accused of crimes due process, including Miranda rights, while the 14th Amendment guarantees all citizens equal protection under the law.

“Without improved language, this CACR would come into direct conflict with these federal constitutional rights afforded to the accused, who are still innocent until proven guilty. The CACR offers no guidance on how courts across the state should reconcile any of these potential conflicts,” the ACLU-NH statement said.

But the ACLU also said that “with some language improvements,” the plan could reinforce victims’ rights and “preserve constitutional rights for the accused.”

“We look forward to working with legislators to offer improvements to ensure the continued integrity of our judicial system,” the ACLU said.

The ACLU last week also expressed concern that the constitutional amendment “is also likely to be expensive to implement, particularly for small counties.”

Sununu said the ACLU should “go talk to the other 35 states that have already gotten this done and have done it right.”

MacDonald said, “Our office has looked at the language very carefully and the amendment’s language does not diminish the rights of the accused. And in terms of implementation, I’m confident that everyone working in the criminal justice system can work together, as we do in New Hampshire, and ensure its smooth and cost-effective implementation.”

Sununu said that although the cause is worthy, he and other supporters are not taking for granted that the amendment will pass. He said that if it emerges from the Legislature and moves to the November ballot, he will be personally involved in the campaign to obtain the necessary high level of public support.